Houston: Homeless Vet Not Ticketed for Eating Trash
James Kelly was cited under scavenging statute: police department rep
By Matt Cantor, Newser User
Posted Mar 13, 2013 9:33 AM CDT
Downtown Houston.   (?)

(Newser) – A homeless man was ticketed last week while searching for food in a Houston trash bin, and the news didn't go over well. Now the HPD is on the defensive and explaining that James Kelly was ticketed for making a mess, not for attempting to feed himself. And a police rep says most of his colleagues wouldn't ticket anyone for seeking food in a dumpster, clarifying that the type of ticket Kelly was given is written only after a complaint is made about garbage being taken from the can and left around it.

"It's not officers being inhumane," the rep said. "It's police officers responding to citizens' complaints." Laws against picking through trash have been on the books since the 1940s, the Houston Chronicle reports. Kelly's lawyer yesterday acknowledged that Kelly was ticketed under the scavenging ordinance, and not under tough new laws related to feeding the homeless in the city, as he had originally claimed. "However, it's the same reasoning," he says, "to push the homeless people out of the downtown business district." He adds that the anti-scavenging ordinance is unconstitutional based on a 1988 Supreme Court case.

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Showing 3 of 18 comments
GarthCousins
Mar 14, 2013 12:50 AM CDT
I don't know, ... This man is homeless no money, hungry and you have the time give him a ticket, If its not a warning ticket, who is going to pay the fine
DonF
Mar 13, 2013 10:36 AM CDT
I thought digging thru trash was legal,or does that just apply to cops looking for something to harrass citizens with?
XFACTOR
Mar 13, 2013 10:28 AM CDT
Actually, they're going to drop charges, they found out he was having a meeting with mayor.